DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5990-17 
FEB 25 1019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the United tates Code, section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A three-
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 4 October 2018. The names and votes of the members of the 
panel will be furnished upon request. Your allegations of error and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of your naval record, and 
applicable statutes, regulations, and policies. 

You enlisted and began a period ofactive duty on 29 November 1979. On 25 November 1980, 
you were counseled regarding a controlled substance found in the community space of your 
quarters, and notified further involvement with a controlled substance would result in 
disciplinary action. Between 18 November 1981 and 15 June 1982, you received non-judicial 
punishment (NJP) on three occasions for the following: failure to obey a lawful order, failure to 
report to an appointed place of duty, and two specifications ofdamaging government property. 
On 17 May 1983, you were counseled that any further violations of the Uniformed Code of 
Military Justice would result in administrative separation. On 25 May 1983, you received NJP 
for wrongful possession and use of marijuana. Subsequently you were notified that you were 
being administratively processed for discharge for by reason of misconduct due to drug use. You 
did not consult with counsel and waived your procedural rights. Your commanding officer 
recommended an under other than honorable (OTH) characterization of service which was found 
sufficient in law and fact by the staff judge advocate. On 13 June 1983, the discharge authority 
directed an OTH discharge and on 15 June 1983, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and reviewed your two reference letters. You also contend that you are currently 
being treated for liver cancer due to consumption of contaminated water while stationed in      ,
and you would like to qualify for medical benefits. The Board concluded that these 
factors were not sufficient to warrant an upgrading to your discharge based on your pattern of 
misconduct which resulted in four NJPs. Further, regarding your assertion of a service 
connected illness due to the                 water contamination, Public Law 112-154, Honoring 
America's Veterans and Caring for                        Families Act of 2012, requires the Veterans 
Administration to provide health care to Veterans with one or more of 15 specified illnesses or 
conditions. You should contact the nearest office of the Department of Veterans Affairs (DVA) 
concerning your right to apply for benefits or appeal an earlier unfavorable determination by the 
DVA. Lastly, the Board in its review discerned no impropriety or inequity in your discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption of regularity attaches to all 
official records. Consequently, when applying for a correction of an official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 



Executive Director